1. DEFINITIONS

A. Parties

“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, or in any way uses the Site. “We”, “us”, and “our” refer to My Care My Choice Pty. Ltd (ACN 97 615 701 883) trading as My Care My Choice.

B. Content

“Claim” includes a claim, notice, charge, debenture, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, interest, expense or liability however arising, whether present, future, unascertained or contingent, whether based in contract, tort or statute and whether involving a third party. “Terms” means the terms and conditions for use of the Site as stipulated in this page. “Privacy Policy” means the privacy policy contained in this privacy statement in the page on the Site named Privacy Statement. “Site” means this website that you accessed. “Service” means all the products and services provided by us and available to you on the Site.

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “My Care My Choice Content” means Content that we create and make available in connection with the

Site. “Third Party Content” means Content that originates from parties other than My Care My Choice or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and My Care My Choice Content.

2. ACCEPTANCE OF TERMS

By accessing My Care My Choice content or using services available on the Site you are agreeing to be bound by the terms and conditions including the Privacy Policy. These terms and conditions supersede any agreements or other communications (verbal or in writing) between us relating to the information within these terms.

3. CHANGES TO THE TERMS OF SERVICE

We may modify the Terms from time to time. You understand and agree your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

4. USING THE SITE

A. Eligibility

Accessing the site is only permitted providing you represent and warrant that (a) all registration information you submit is truthful and accurate, including that the email address you submit is one that you own or have authority to use; (b) you will maintain the accuracy of such information; (c) you are of legal age, or if you are not of legal age, that you will use My Care My Choice only under the supervision of your parent or guardian who has agreed to these Conditions.

You represent and warrant that you have the right, authority, and capacity to enter into these Conditions and to abide by all of the terms and conditions.

B. Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

C. Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability, and you release and forever discharge us and other users of the Site to the maximum extent permitted by law from all liability and Claims, and indemnify us and other users of the Site against all liabilities and Claims, arising out of or in any manner whatsoever connected with the unavailability of the Site.

D. Services

Users can read, rate and write reviews about Australian aged care, disability and mental health services, post and respond to forum posts, read and comment on blogs through the site.

General public can view all published content on the site. Paid subscribers have access to view and update their personalised profiles, respond to reviews, read and comment on blogs and access information that relates to their services.

We reserve the right and have the sole and unfettered discretion to manage content published on the Site, which includes but is not limited to deletion of content.

E. User Accounts

You must create an account and provide certain information about yourself in order to use some of the features offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities which occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right and have the sole and unfettered discretion to close your account at any time for any or no reason.

Your account is for your personal, non-commercial use only. In creating it, you are required to provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a consumer, friend, family member or carer of a consumer), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. When creating a pseudonym name, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with My Care My Choice Pty. Ltd. Please read our Privacy Policy for more information.

F. Communications from My Care My Choice Pty. Ltd. and other Users

By creating an account, you agree to receive certain communications in connection with the Site. This may include newsletters, general information, or to be contacted by My Care My Choice Pty. Ltd. regarding reviews which elude to instances of abuse, neglect or harmful or inappropriate behaviour by service providers.

5. CONTENT

A. Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent you own, or have the necessary permissions to use and authorise the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by My Care My Choice Pty. Ltd.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

You release and forever discharge us and other users of the Site to the maximum extent permitted by law from all liability and Claims, and indemnify us and other users of the Site against all liabilities and Claims, arising out of or in any manner whatsoever connected with Your Content, or the use of this Site in general.

B. Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use Your Content for any purpose. Please note you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you release and forever discharge us and other users of the Site to the maximum extent permitted by law from all liability and Claims, and indemnify us and other users of the Site against all liabilities and Claims, arising out of or in any manner whatsoever connected with Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyse, commercialise, and prepare derivative works of Your Content.

C. My Care My Choice Content

My Care My Choice Pty. Ltd. does not control User Content, which may include content relating to ratings, reviews, business information, messages, special offers, member profiles, fundraisers and advice forum entries, and My Care My Choice Pty. Ltd. does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site, you may be exposed to content that is offensive, or in some way objectionable. You agree that you must evaluate and bear all risks associated with the use of My Care My Choice Pty. Ltd. content, including any reliance on the content, integrity, and accuracy of such content. If you find content that you believe is inappropriate, incorrect, or in some way suspect, please notify My Care My Choice Pty. Ltd. by emailing us using the Contact Us page.

My Care My Choice Pty. Ltd. may, at its sole and unfettered discretion, remove any User Content that it deems to be in violation of these Conditions, or which may be offensive, illegal, or violates the rights, or threatens the safety of any person. However, we assume no responsibility for monitoring the My Care My Choice Pty. Ltd. website for inappropriate content or conduct, and has no obligation to remove such content, and My Care My Choice Pty. Ltd. assumes no responsibility for content submitted by users.

You are solely responsible for any User Content that you submit, publish or display on My Care My Choice Pty. Ltd., or transmit to other members and/or other website users. You agree to only post User Content that you reasonably believe to be true and agree not to purposely provide false or misleading information. User Content is not necessarily reviewed by My Care My Choice Pty. Ltd. and as such may not reflect the policies or opinions of My Care My Choice Pty. Ltd. User Content is not endorsed by My Care My Choice Pty. Ltd. and My Care My Choice Pty. Ltd. makes no warranties, express or implied, as to the accuracy, integrity or quality of such content.

My Care My Choice Pty. Ltd. reserves the right to investigate and take appropriate action in its sole and unfettered discretion against anyone who violates this provision, including removing the offending communication from the Site and terminating the membership of such violators and/or blocking the use of the Site and/or My Care My Choice Pty. Ltd. service.

You may not post content that:

  • contains any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such rights;
  • infringes, misappropriates, or violates the intellectual property, privacy or other rights of any party;
  • is false or intentionally misleading;
  • is threatening, obscene, defamatory or libellous, including the use of inflammatory comments, generalisations, or unfounded criticism;
  • is patently offensive to users of My Care My Choice Pty. Ltd., such as Content that promotes racism, prejudice, hatred or physical harm of any kind against a group or individual;
  • harasses or advocates harassment of another person;
  • contains nudity, violence, or offensive subject matter or contains a link to other websites
  • containing this type of content;
  • promotes illegal activities or conduct that is abusive;
  • links to another business directory, rating, or review website;
  • includes a photograph of another person without having gained that person’s consent; or
  • falsely expresses or implies that the content represents, is endorsed or sponsored by My Care My Choice Pty. Ltd.

D. Ownership

As between you and My Care My Choice Pty. Ltd., you own Your Content. We own Our Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Our Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the My Care My Choice Pty. Ltd. Content in whole or in part except as expressly authorised by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the My Care My Choice Pty. Ltd. Content are retained by us.

E. Advertising

My Care My Choice Pty. Ltd. and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

F. Other

User Content (including any that may have been created by users employed or contracted by My Care My Choice Pty. Ltd.) does not necessarily reflect the opinion of My Care My Choice Pty. Ltd. Although at no stage required to do so, we reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole and unfettered discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines that we determine from time to time. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

6. RESTRICTIONS

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

A. You agree not to, and will not assist, encourage, or enable others to use the Site to:

  • Violate our Content Guidelines that we determine from time to time, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
  • Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  • Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by My Care My Choice Pty. Ltd.;
  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website;
  • Solicit personal information from minors, or submit or transmit pornography; or
  • Violate any applicable law.

B. You also agree not to, and will not assist, encourage, or enable others to:

  • Violate the Terms;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorised by My Care My Choice Pty. Ltd.;
  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
  • Reverse engineer any portion of the Site;
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
  • Record, process, or mine information about other users;
  • Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
  • Reformat or frame any portion of the Site;
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on My Care My Choice Pty. Ltd. technology infrastructure or otherwise make excessive traffic demands of the Site;
  • Attempt to gain unauthorised access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

  • Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
  • Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
  • Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content or features that enforce limitations on the use of the Site.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

7. GUIDELINES AND POLICIES

A. Content Guidelines

You represent that you have read and understood our Content Guidelines that we determine from time to time.

B. Privacy

You represent you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal or immoral activities; (ii) enforce or apply our Terms and Conditions and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of Australia, you consent to having your personal data transferred to and processed in Australia.

8. THIRD PARTIES

The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.

9. INDEMNITY

You release, indemnify and forever discharge us, our officers, directors, employees and agents, and our affiliates, their officers, directors, employees and agents and other users of the Site to the maximum extent permitted by law from all liability and Claims, and indemnify us and other users of the Site against all liabilities and Claims arising out of or in any manner whatsoever connected with:

  • Your breach of these Terms or the documents referenced herein;
  • Your violation of any law or the rights of a third party; or

  • Your use of this Site.

My Care My Choice Pty. Ltd. reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any such matter without the prior written consent of us.

10. APPLICABLE LAW

These Terms, and your dealings with My Care My Choice Pty. Ltd., are subject to the state laws of Western Australia, Australia, and the laws of the Commonwealth of Australia as applicable. You agree to submit to the jurisdiction of courts sitting in the State of Western Australia for all purposes. Sole and exclusive venue for any dispute arising under or relating to this shall be in a court sitting in Perth, Western Australia.

My Care My Choice Pty. Ltd. is administered in Australia and intended for Australian users. Any use outside of Australia is at the user’s own risk and users are responsible for compliance with any additional local laws applicable to their use of the Site.

11. LIMITATION OF LIABILITY

In no event shall My Care My Choice Pty. Ltd., its parents, subsidiaries, shareholders, officers, directors, employees, agents, contractors or affiliates be liable for any consequential, incidental, direct, indirect, special, general, punitive, pecuniary or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss), whether based on breach of contract, tort (however arising, including negligence), product liability, or otherwise, arising out of, or in connection with, the Site, the use of, or inability to use My Care My Choice Pty. Ltd. the Site, or anything related to the Site, the Services and/or the Site Content.

Notwithstanding anything to the contrary contained herein, you specifically agree that My Care My Choice Pty. Ltd.’s maximum total liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of (i) The amount paid, if any, by you to My Care My Choice Pty. Ltd. for My Care My Choice Pty. Ltd.’s services in the 12 months prior to the action giving rise to liability, or (ii) AUD$200.

In this clause reference to consequential damages should have a wide interpretation to mean any loss beyond the normal measure, and includes, without limitation, loss of profits, loss of production, loss of product, loss of revenue, loss of use, loss of contract (including third party contracts), loss of goodwill, loss of opportunity or wasted overheads, damage caused by business interruption, loss of business information or data, loss of business opportunities, whether direct or indirect damages.

12. TERMINATION

  • You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing My Care My Choice Pty. Ltd. with a notice of termination. Please review our Privacy Policy for information about what we do with your account when terminated.
  • We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
  • In the event of any termination of these Terms, whether by you or us, these terms and conditions will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

13. GENERAL TERMS

  • We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
  • We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
  • Except as otherwise stated in Section 8 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  • The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge no reliance is placed on any representation made but not expressly contained in these Terms.
  • Any failure on My Care My Choice Pty. Ltd.’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights here-under.
  • If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
  • The Terms, and any rights or obligations here under, are not assignable, transferable or sub licensable by you except with My Care My Choice Pty. Ltd. prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
  • The headings in the Terms and Conditions are for convenience only and have no legal or contractual effect.